Vorinstanz

Vorinstanz is a legal term used in German-speaking jurisdictions to denote the court or authority that decides a matter in the first instance. The Vorinstanz is the lower level whose decision can be appealed or reviewed by a higher court, known as the Berufungsinstanz or just the next higher Instanz. The exact institutions designated as Vorinstanz and the path of appeal depend on the jurisdiction and the area of law (civil, administrative, fiscal, etc.).

In general, the concept is that a case begins at a lower court or administrative authority, which issues a ruling that can subsequently be challenged before a higher court. The term is commonly employed in civil and administrative procedures. For example, a civil dispute may be heard and decided by a local or regional court, which serves as the Vorinstanz; the decision can then be appealed to a higher court such as an appellate court or a supreme administrative or regional court, depending on the legal framework of the country.

Usage by country varies. In Germany, Vorinstanz often refers to the first court that issued a decision in a matter (such as a local Amtsgericht or a regional Landgericht in civil cases) and to the initial administrative bodies in administrative law; the next level serves as the Berufungs- or Revisionsinstanz. In Austria and Switzerland, the term similarly marks the first decision-making level within the cantonal or federal administrative and judicial structures, with designated higher courts serving as the appellate or corrective authorities. The exact names of the courts and the available remedies differ by jurisdiction.

Etymology: Vorinstanz combines vor- (“before”) with Instanz, meaning the instance that comes before in the legal hierarchy. The concept is a structural description rather than a particular court name.

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